Arbitrating Commercial Disputes in the United States

Product Details

Bringing or defending commercial arbitrations requires a clear grasp of the latest developments in the field, a practical understanding of how the arbitration process works, and knowledge of how the courts interpret and enforce arbitration agreements and treat arbitral awards. And participating in an arbitration demands a distinctive set of skills, different from those learned in the courtroom. Author/editor David Singer and his contributors—many of them arbitrators, and all of them deeply familiar with the arbitration process—provide the information and insights that will help readers master commercial arbitration.

Citing hundreds of cases, as well as drawing upon the extensive experience of the contributors, this book addresses the strategies that lead to success.

Table of Contents

Recognizing Another Distinguished PLI Treatise

Chapter 1:

Introduction

§ 1:1 : What Is Arbitration?1-1

§ 1:2 : The Arbitration Clause1-2

§ 1:3 : Benefits of Commercial Arbitration1-2

§ 1:4 : Arbitration As More Efficient, Speedier Than Litigation1-4

§ 1:5 : Arbitration Versus Litigation Practice1-5

Chapter 2:

Historical Background

§ 2:1 : Early Days of Arbitration2-1

§ 2:2 : Early Attitudes of U.S. Courts Toward Arbitration2-3

§ 2:3 : The Rise of Arbitration in the Twentieth Century2-4

§ 2:4 : Federal Legislation2-5

Chapter 3:

The FAA Statutory Framework

§ 3:1 : Introduction3-1

§ 3:2 : Purposes of the FAA3-2

§ 3:3 : Scope of the FAA3-5

§ 3:4 : Concurrent Jurisdiction of State and Federal Courts3-10

§ 3:4.1 : State Jurisdiction3-10

§ 3:4.2 : Federal Jurisdiction3-10

§ 3:5 : Preemption of State Law by the FAA3-16

§ 3:5.1 : Preemption of State Law Barring Arbitration of Claims3-16

§ 3:5.2 : Preemption of State Procedural Law Impacting Arbitration3-18

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